USE OF THE SITE LINCOLN AVENUE GIFT COMPANY AND PROHIBITIONS
The site allows you to browse and shop online, however, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our site, services, or tools (b) posting of items in inappropriate categories or areas on the sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users’ listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system. For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
PAYMENTS AND PROCESSING OF INVOICES
Lincoln Avenue Gift Company has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by The Painted Poodle and Company prior to the latter’s acceptance of an order. Unless credit terms have been agreed upon, payment for the products shall be made by credit/debit card, PayPal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. Lincoln Avenue Gift Company has all the discretion to cancel or deny orders. Lincoln Avenue Gift Company is not responsible for pricing, typographical, or other errors in any offer by Lincoln Avenue Gift Company and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 2 days of the invoice date for all but consumer purchases, Lincoln Avenue Gift Company reserves the right to charge a late penalty c of 1% per month applied against undisputed, overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws.
RISK OF LOSS
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT PRICING AND DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the list price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the list price may be provided by the merchant. In cases of misprints in our catalogs in which the item’s correct price is higher than the stated price, I will, at my discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. I do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered on the website is not as described, your sole remedy is contact me immediately.
EDITING, DELETING AND MODIFICATION
I may edit, delete or modify any of the terms and conditions contained in this agreement, at any time and in my sole discretion, by posting a notice or a new agreement on the site. YOUR CONTINUED PARTICIPATION IN THE PROGRAM, VISIT AND SHOPPING ON THE SITE FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACKNOWLEDGMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the program except as expressly set forth in this agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Lincoln Avenue Gift Company shall resort all remedies available, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
I will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this agreement or the program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the program will not exceed USD 2,000 or the total price of the subject products paid or payable to you whichever is less. I make no express or implied warranties or representations with respect to the program or any products sold and offered on the website (including, without limitation, warranties of fitness, merchant-ability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, I make no representation that the operation of this site will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from me and or from my clients, advertisers and suppliers. All information submitted by an end-user customer pursuant to a program is proprietary information of Lincoln Avenue and Company. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of Lincoln Avenue Gift Company to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the I may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions, or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This agreement shall be governed by and construed in accordance with the substantive laws of Lincoln Avenue Gift Company without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Lincoln Avenue Gift Company, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this agreement, without liability to me, however, we may assign this agreement to any person at any time without notice. In the event that any provision of these terms and conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these terms and conditions shall remain valid and enforceable according to its terms.